115-06-01-05. Sanctions.

1. If, after notice and a reasonable opportunity to respond, the commission determines a rule under this chapter has been violated, the commission may sanction a public official who violated the rule or is responsible for the violation. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives or an order to pay a penalty.

2. The commission may collect a monetary sanction arising out of this section through processes that provide the public official with notice of the monetary sanction and a reasonable opportunity to respond. These processes include chapter 115-02-01, civil action, or assignment to a collection agency, with any costs of collection added to the amount owed and to be paid by the public official. Before assigning a payment obligation to a collection agency, the commission shall provide the public official a thirty-day written notice and an opportunity to respond to the transfer of debt.

3. Monetary sanctions for violations of these rules may not exceed the following amounts. a. If the travel disclosure statement is not filed within the prescribed time or is voluntarily amended after the prescribed time, the commission may collect a monetary sanction from the public official as follows: (1) Within six days after the prescribed time, twenty-five dollars;

1. (2) Within eleven days after the prescribed time, fifty dollars; and
2. (3) After eleven days, one hundred dollars.b. The commission may require an amendment to be filed for any travel disclosure statement that is incorrect or incomplete. The amendment must be filed with the commission within ten business days after the amendment has been requested in writing. If an amendment is not filed within the prescribed time, the commission may collect a monetary sanction from the public official as follows:- (1) Within six days after the date the amendment was due, fifty dollars;
3. (2) Within eleven days after the date the amendment was due, one hundred dollars; and
4. (3) After eleven days, two hundred dollars.c. If a public official knowingly fails to file a travel disclosure statement or knowingly falsifies information on the travel disclosure statement, the commission may collect up to a five hundred dollar monetary sanction from the public official. For a second and subsequent violation of this subdivision, the commission may collect up to a one thousand dollar monetary sanction from the public official. If warranted for effective deterrence, the commission also may collect from the public official all expenses it incurred in investigating a knowing violation under this subdivision.4. A monetary sanction collected by the commission must be paid to the state treasurer and placed to the credit of the general fund.

History: Effective July 1, 2026.